Ten Situations In Which You'll Want To Know About Asbestos Law
An Asbestos Attorney Can Help Victims of Asbestos-Related Diseases
An experienced asbestos attorney can help victims of asbestos-related diseases. These include asbestosis and mesothelioma as well as lung cancer.
Many firms offer a free case review for patients with mesothelioma. This gives you the opportunity to learn about how a firm handles these claims and determine if they are the right fit for you.
A lawsuit against an asbestos firm can result in compensation for medical bills or lost wages, among other expenses. However, litigation is expensive.
The history of asbestos law suits
Asbestos is a hazard naturally occurring mineral used for insulation and fire protection. It was extensively used in New York, as well as other areas of the United States, in manufacturing, industrial and commercial settings. Workers working in many of these locations, such as shipyards, power stations and textile mills, were often exposed to asbestos. Some of those workers later developed mesothelioma and other lung diseases that are directly linked to their exposure. A New York mesothelioma lawyer can help those affected receive the amount of compensation they're entitled to.
Researchers proved what many believed to be true, that exposure to asbestos can cause lung damage and cause lung diseases. This information triggered a wave of claims that led to dozens of asbestos manufacturers to file for bankruptcy. As part of their bankruptcy proceedings, these companies established asbestos trust funds to pay victims and their families. The money that is paid into these trusts now amounts to hundreds of millions of dollars.
Although Congress has attempted to pass legislation to resolve the asbestos litigation issue, these bills have not succeeded due to numerous reasons. For instance they did not discuss how to treat mesothelioma patients who have recurrences of their disease or have died.
Another issue has been the asbestos defense industry's efforts to discredit and undermine the scientific consensus that all forms of asbestos even at low levels, can be responsible for producing mesothelioma and lung cancer and other asbestos-related ailments. These campaigns have included funding and publishing articles in journals with scientific content that are intended to help the asbestos industry's legal argument at trial.
Individual cases may be consolidated into multidistrict litigation in order to speed up the process. In 1991, for example one judge combined 850 power plant asbestos lawsuits to allow for faster resolution of those cases. Defendants can appeal a verdict between 30 and 180 days. This could delay any monetary award. Depending on the outcome of the appeal, the defendant could be required to make a bail for any monetary award received.
How to File a Claim
An asbestos lawyer can help families and individuals with filing various asbestos claims. These claims could include compensation to cover funeral expenses, medical expenses as well as lost income loss of consortium and pain and suffering. They may also sue companies that exposed asbestos workers. They may also aid veterans file a claim with the Veteran's Administration for disability compensation.
A lawyer with expertise in asbestos litigation can review your case free of charge to determine if you have any legal options. They can answer any questions you may have and provide you with the various legal procedures. They can come to your home, hospital or office to provide a consultation. They are on a contingent basis, meaning that you don't have to pay any upfront legal costs.
If a client employs an asbestos attorney, they must make sure that the lawsuit is filed within the proper time frame. Many states require asbestos sufferers to bring a suit within a couple of years after being diagnosed with mesothelioma or lung cancer. It can be difficult to determine if an individual has been exposed to asbestos because the symptoms aren't always apparent until years later. An experienced asbestos lawyer can help clients navigate the laws specific to their state and ensure that the lawsuit is filed on time.
After filing the complaint an attorney for mesothelioma will gather evidence to prove your claim, which could include company documents and interviews with family members. They can also subpoena records from asbestos-related companies to show negligence.
An experienced asbestos attorney can also assist you with filing a wrongful death lawsuit when a loved-one has died from mesothelioma or other asbestos-related illnesses. In a wrongful death suit, survivors may seek compensation for emotional distress, funeral expenses, and loss of companionship. They may also seek punitive damage against the asbestos company.
A good asbestos lawyer has the capacity to quickly gain access to documents from various states and asbestos companies. They can provide you with more legal options than local law firms. A national asbestos law firm's resources will give victims a better chance of obtaining a substantial amount of compensation.
Preparing for the Trial
Asbestos, a toxic mineral, which was used for many years in the workplace. Workers exposed to asbestos in shipbuilding, construction and automotive manufacturing industries among others, frequently suffer from serious diseases such as mesothelioma (lung cancer) asbestosis, pleural effusion (inflammation of the lining of your lungs). If you've been diagnosed with an illness related to asbestos exposure, you're entitled to compensation. An experienced New York asbestos lawyer can help you recover damages.
A mesothelioma lawyer can assist you to file a personal injury or wrongful death suit against the companies responsible for your exposure. A mesothelioma suit permits you to claim financial compensation for medical costs, lost wages or income, pain and discomfort, emotional distress, etc.
The statutes of limitations vary in each state for personal injury and wrongful death lawsuits. It is essential to have an experienced mesothelioma lawyer on your side to ensure that you don't overrun the deadline for filing a claim.
When the legal process is initiated the attorney will work on your behalf to investigate and gather evidence. They will speak with you as well as any former employers, landowners, or any other persons involved in your exposure to asbestos. They will also investigate the details of your situation in order to determine how they came to know when, where, and how you were exposed.
The majority of asbestos cases are dealt with on a contingency basis. davie asbestos law firm means that the attorney will get a portion of whatever compensation you receive. Your attorney will take care of the entire cost of your case. If you win you will be paid by the winning party.
If you and your asbestos attorney can't reach an agreement on an hourly fee then you can choose to work with a different firm. The attorneys in the second law firm will be required to sign a contract that divides the cost of work and fees.
In the majority of cases, compensation is awarded mesothelioma victims and their families when a jury finds that they are in their favor. Many asbestos lawsuits are settled out of court. Asbestos lawsuits that are successful settle between $1 million to $1.4 millions to the victims.
Going to Trial
Asbestos lawyers can help their client get compensation by settlement or winning a trial. Compensation is based on a number of factors, such as the duration of exposure to asbestos, as well as the severity and frequency of symptoms. Asbestos lawsuits can result in damages for physical pain and suffering loss of income, future earnings, medical expenses, and household expenses, such as childcare, transportation and housekeeping.
A lawsuit against asbestos can also result in compensation for wrongful deaths and also money to cover funeral expenses and other expenses related to the death of loved ones. Families could also be entitled to compensation due to the emotional distress that is caused by the death of the loss of a loved one.
Attorneys with expertise in asbestos litigation can help patients suffering from mesothelioma lung cancer, and other asbestos-related diseases seek compensation from responsible asbestos producers. In addition, mesothelioma lawyers may provide assistance in filing claims with trust funds established by asbestos companies that went bankrupt.
It is sometimes difficult to determine who is the person responsible for an asbestos-related disease due to the long time between exposure and the onset of symptoms. In addition, evidence may disappear or be lost as time passes and asbestos companies may cease to be in business, which complicates the matter even more.
The lawyer representing mesothelioma plaintiffs should identify all potential asbestos producers and asbestos products involved in the claim before submitting the lawsuit. A knowledgeable attorney can conduct a thorough examination of each asbestos manufacturer and product to ensure that all relevant facts are available to the plaintiff in the case.
For decades, mesothelioma attorneys at Belluck & Fox have held negligent asbestos producers accountable for the hardworking people who were exposed to this harmful substance. Through the years they have managed to secure more than a billion dollars in compensation for their clients. The firm has obtained notable verdicts, such as a $22million award to an Navy veteran diagnosed with mesothelioma during the repair of boilers on ships. They also won an $8 million verdict for a construction employee who died after being exposed to asbestos in joint sealing compounds in a Manhattan skyscraper.